VANMALA CHAUDHARY Vs. STATE OF JHARKHAND
LAWS(JHAR)-2008-7-68
HIGH COURT OF JHARKHAND
Decided on July 08,2008

Vanmala Chaudhary Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

RAMESH KUMAR MERATHIA, J. - (1.) HEARD the parties finally.
(2.) THE petitioner is seeking direction upon the Jharkhand Public Service Commission (for short 'J.P.S.C.') to recommend and grant promotion to her on the post of Professor under the Time Bound Promotion Scheme with effect from 9.3.1988 as recommended by the Vinoba Bhave University (for short 'University'). It is unfortunate that the matter of time bound promotion of the petitioner is hanging since 1987. After a long delay, University sent all the papers of the petitioner to J.P.S.C. under letter dated 21.11.2005. Then a frivolous objection was taken by J.P.S.C. that since two recommendations dated 21.11.2005 and 7.4.2006 were received from University, no action was taken. University then clarified that a letter dated 6.6.2006 was sent to J.P.S.C. clarifying that the subsequent recommendation dated 7.4.2006 was superfluous; and J.P.S.C. can act on the basis of the recommendation dated 21.11.2005. Accordingly, J.P.S.C. was directed to take decision in the matter on the basis of the recommendation dated 21.11.2005 by order dated 21.11.2007 passed in this writ petition. When the case was taken up on 7.1.2008, it was pointed out by the counsel for the petitioner that J.P.S.C. has not complied with the said order dated 21.11.2007. Then an affidavit was filed by J.P.S.C. on 9.1.2008 saying that petitioner's claim was already rejected on 15.12.2007.
(3.) INSPITE of the order dated 21.11.2007 by which the purported confusion with regard to two recommendations sent by the University was made clear; the claim of the petitioner was rejected on 15.12.2007, also on the ground that there were two recommendations. The other vague ground taken was that the petitioner did not fulfill the requisite criteria on the cut off date i.e. 22.9.2005.;


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